Chapter DHS 163

Register March 2010 No. 651

Chapter DHS 163

CERTIFICATION FOR THE IDENTIFICATION, REMOVAL AND REDUCTION OF LEAD-BASED PAINT HAZARDS

Subchapter I — General Provisions

DHS 163.01   Authority and purpose.

DHS 163.02   Scope.

DHS 163.03   Definitions.

Subchapter II — Certification of Persons to Perform Lead-Safe Renovation, Lead Hazard Reduction, or Lead Investigation Activities

DHS 163.10   Certification of an individual.

DHS 163.11   Certification training requirements.

DHS 163.12   Certification of a company.

DHS 163.13   Responsibilities when conducting regulated activity.

DHS 163.14   Work practice standards.

DHS 163.15   Lead-based paint hazard standards.

DHS 163.16   Recognized paint test kits for renovation.

Subchapter III — Accreditation of Lead Training Courses and Approval of Training Managers and Instructors

DHS 163.20   Accreditation requirements.

DHS 163.21   Application for accreditation.

DHS 163.22   Accreditation procedures.

DHS 163.23   Renewal of course accreditation.

DHS 163.24   Training manager and instructor approval.

DHS 163.25   Administrative responsibilities of training managers.

Subchapter IV — Enforcement

DHS 163.30   General provisions.

DHS 163.31   Reasons for enforcement actions.

DHS 163.32   Enforcement actions.

DHS 163.33   Appeal.

Subchapter V — Registry of Property with Certificates of Lead-Free Status or Lead-Safe Status

DHS 163.40   General provisions.

DHS 163.41   Certificate of lead-free status.

DHS 163.42   Certificate of lead-safe status.

Ch. DHS 163 Note Note: Chapter HFS 163 was created as an emergency rule effective February 18, 1997 and was created as a permanent rule Register, October, 1997, No. 502, effective November 1, 1997. Chapter HFS 163 was repealed and recreated by emergency rule effective August 29, 1998. Chapter HFS 163 as it existed on April 30, 1999 was repealed and a new chapter HFS 163 was created, Register, April, 1999, No. 520, effective May 1, 1999. Chapter HFS 163 as it existed on February 28, 2002 was repealed and a new chapter HFS 163 was created, Register February 2002 No. 554, effective March 1, 2002. Chapter HFS 163 was renumbered chapter DHS 163 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

subch. I of ch. DHS 163 Subchapter I — General Provisions

DHS 163.01 DHS 163.01 Authority and purpose.

DHS 163.01(1) (1) General. This chapter is promulgated under the authority of ss. 250.04 (7), 250.041, 254.115, 254.15, 254.167, 254.172, 254.176 (1) and (3), 254.178 (2) and 254.179, Stats.

DHS 163.01(2) (2) Activities involving target housing and child-occupied facilities. This chapter is intended to ensure that persons who perform renovation, lead hazard reduction or lead investigation activities do so safely to prevent exposure of building occupants to hazardous levels of lead. This is accomplished by requiring an individual to be trained and certified under s. DHS 163.10 before the individual performs, supervises or offers to perform or supervise renovation, specified lead hazard reduction or lead investigation activities involving target housing or a child-occupied facility or the real property on which the target housing or child-occupied facility stands. In addition, the certified individual is required to be associated with a company certified by the department under s. DHS 163.12. Subchapter III requires that a training course that is represented as qualifying any person for certification to perform renovation, lead hazard reduction or lead investigation activities be accredited by the department before the training course is offered, advertised or conducted and that training managers and principal instructors be separately approved by the department.

DHS 163.01(3) (3) Activities involving registered lead-free property and registered lead-safe property. This chapter establishes standards for registered lead-free and registered lead-safe property, procedures for determining whether a property meets the standards, and procedures for issuing and maintaining certificates of lead-free status and lead-safe status.

DHS 163.01 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (2) and (3), eff. 10-16-09; CR 09-085: am. (2) and (3) Register March 2010 No. 651, eff. 4-1-10.

DHS 163.02 DHS 163.02 Scope.

DHS 163.02(1) (1) Applicability.

DHS 163.02(1)(a) (a) This subchapter, subchs. II and IV apply to a person performing, supervising or offering to perform or supervise a renovation, lead hazard reduction activity or lead investigation activity involving target housing or a child-occupied facility or the real property on which the target housing or child-occupied facility stands. Persons conducting work regulated under this chapter are also required to conduct activities in a manner that does not increase the hazards from lead-based paint to building occupants.

DHS 163.02(1)(b) (b) This subchapter, subchs. III and IV apply to a training course that is offered, advertised, conducted or taught leading to, or intended to lead to, certification under this chapter, and to the training manager and instructors for the training course.

DHS 163.02(1)(c) (c) Subchapter V applies to real property for which a certificate of lead-free status or lead-safe status is sought or has been issued.

DHS 163.02(2) (2) Approved alternative to an administrative requirement. The department may approve an alternative to any administrative requirement in this chapter that is not a statutory requirement when the department is provided with satisfactory written proof that the alternative is as protective of human health and the environment as the original requirement. A request for approval of an alternative shall be in writing, shall be sent to the department and shall include justification for the alternative. The department shall approve or deny the alternative or request additional information within 20 working days of receipt of the request for approval. If granted, the department shall send the applicant a written notice of approval that may include limits on the approval.

DHS 163.02 Note Note: Submit your request for approval of an alternative to a requirement by mail to the Lead and Asbestos Section, 1 W. Wilson Street, Room 137, Madison, WI 53703-3445, or by email to [e-mail].

DHS 163.02 History History: CR 00-172: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0928: emerg. am. (1) and (2), eff. 10-16-09; CR 09-085: am. (1) and (2) Register March 2010 No. 651, eff. 4-1-10.

DHS 163.03 DHS 163.03 Definitions. In this chapter:

DHS 163.03(1) (1) “Abatement” means any measure or set of measures intended to permanently eliminate lead-based paint hazards. Abatement includes any of the following:

DHS 163.03(1)(a) (a) Activities intended to permanently eliminate a lead-based paint hazard, as follows:

DHS 163.03(1)(a)1. 1. Removal of lead-based paint or dust-lead.

DHS 163.03(1)(a)2. 2. Enclosure or encapsulation of lead-based paint.

DHS 163.03(1)(a)3. 3. Removal of lead-based painted surfaces, components or fixtures.

DHS 163.03(1)(a)4. 4. Removal or covering of lead-contaminated soil.

DHS 163.03(1)(a)5. 5. All preparation associated with the activities in subds. 1. to 4.

DHS 163.03(1)(a)6. 6. Cleanup associated with the activities in subds. 1. to 4.

DHS 163.03(1)(a)7. 7. Preparation for disposal of waste from the activities in subds. 1. to 4.

DHS 163.03(1)(b) (b) The following projects:

DHS 163.03(1)(b)1. 1. A project involving target housing or a child-occupied facility conducted under a written contract or other documentation that indicates the project meets one of the following criteria:

DHS 163.03(1)(b)1.a. a. The project will result in the permanent elimination of a lead-based paint hazard.

DHS 163.03(1)(b)1.b. b. The project is intended to permanently eliminate a lead-based paint hazard and includes one of the activities described in par. (a).

DHS 163.03(1)(b)2. 2. A project resulting in the permanent elimination of a lead-based paint hazard, conducted by a person certified by the department under this chapter, unless the project is covered by par. (c).

DHS 163.03(1)(b)3. 3. A project resulting in the permanent elimination of a lead-based paint hazard, conducted by persons who, through their name or promotional literature, represent, advertise or hold themselves out to be in the business of performing abatement activities as identified and defined by this section, unless the project is covered by par. (c).

DHS 163.03(1)(b)4. 4. A project conducted in response to a state or local government abatement order that results in the permanent elimination of a lead-based paint hazard.

DHS 163.03(1)(b)5. 5. A project conducted in response to a request for an abatement activity or which the contractor claims to be an abatement activity.

DHS 163.03(1)(c) (c) “Abatement” does not include measures and activities intended to temporarily, but not permanently, reduce lead-based paint hazards. Furthermore, “abatement” does not include activities that are intended solely to repair, restore or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.

DHS 163.03(2) (2) “Accreditation” means an approval status granted by the department to a training course meeting the requirements under subchs. I and III. Accreditation may be either contingent accreditation or full accreditation.